Question about EED?

[Buck52]

When a Veteran is service connected with a  percent  say he was service connected at 0% in 1999  and appeal and later on in 1999 he was awarded a 50% S.C. Rating ,

then in 2002 filed for increase an was awarded an increase of 10%  &30%  m aking his increase to 40%   ok at this same time he was given TDIU P&T no future exams scheduled and his S.C. Condition is not expected to Improve within his life time...so actually he  has a 90% combined rating and also TDIU P&T  Paid at the 100% rate due to he could not work.

ok he was awarded the 50% in 1999 and given  the IU in 2003. his 50% has made the 20 year protection correct?

but the other part  the 40%that was increased to 90% and Given TDIU  P&T in 2003  will they go back to the EED for both of these percentages to the year 1999??  the 50% and the other 40% he got in 2003 as an Increase?  

Or is the 50%  part go the only  part  that is eligible for the 20 year rule?

or does the Veteran need to wait on the year 2021/2022  for his total  20 year protection??

Thanks  in Advance Anyone 

Edited November 6, 2019 by Buck52

[broncovet]

You are protected for each rating after 20 years.  

So, your 50 percent SC is 20 year protected in 2019, 20 years from when you were rated.  Not all ratings, just that one.   The 20 year protection is as of the effective date, not the decision date.  

Alex was awarded retro to 1994, which was instantly "protected", since it was well beyond 2014.  He even bragged about that.  

Each rating becomes protected 20 years from the effective date.  Its not the Veterans fault that it sometimes takes the VA 20 years to process the claims/appeals.  

[Buck52]

Yes   even though service connected for the same condition in 1999? First file was 1998   the oher 40% which brought up the 50%rating to 90% s.c. rating and given the IU IN 2002/2003.

IF IT IS FOR THE SAME CONDITION , ALL  THE RATINGS DO NOT GO BACK TO THE ORIGINAL EFFECTIVE DATE?

They paid the Veteran retro back to the 1999 date. for the IU.BUT MINIUS WHAT HE ALREADY HAD BEEN PAID ON THE 50%

 

Edited November 6, 2019 by Buck52

[Vync]

To add to what @broncovet noted, every time an individual rating increases in percentage, a new 20 year date is calculated.

Example:
In 1999, awarded 50%. 20 year protection happens in 2019.
In 2003, the single 50% rating is increased to 90% and IU was awarded, then 20 year protection happens in 2023.

If in 2003 they paid him IU back to 1999, then that means they probably granted the rating of 90% an EED of 1999 and he would be protected in 2019.

I hope I got this right... I would recommend checking the award letter from 2003. They should have stated pretty clearly the percentage and corresponding effective date.

[Buck52]

Yeah I agree about Alex 1994  if that was the date they went back to .I am glad for him  not having to wait on the 20 year rule after he got what he had coming to him...I'd say he must had the 20 year rule protected at 2014

What a RELIEF THAT HAD TO BE FOR HIM.

[Buck52]

Yes I agree with broncovet & Vync

but looking back in my C-FILE they have the dates screwed up  like the 10%was awarded in 2002 and the IU was awarded in 2003 but this was at a DRO Hearing and the 50%was increased at this time and also the Tinnitus was s finally approved,at the DRO Hearing  the DRO DATE of Hearing was 2002...so I don't get where they came up with the 2003 effective dates?  but even at the 2002 date would mean 2022 for the IU

I was just sitting around wondering  bout this after I read my C-FILE

I still got a few years to go  sure is taking this 20 years a long time to get here.  other than my age I wish he would hurry up...eh!

[Buck52]

My Grandson was just approved for 100% P&T at age 27  for his Back and ankles and PTSD .

He is only 27 plus the VSO he uses  is trying for SMC's  He also has a TBI   they still are doing C&P's on him.

I had mention to him before he went in the Army If he had to go to sick call get it Documented EVEN FOR FLU OR JUST A NASTY OLD COLD and for anything else. (GO GET IT DOCUMENTED)

  if You hurt a foot /Ankle /arm toe/ finger or get hurt during boot camp go see a Dr get it all Documented  and what ever you do don't listen to the others that say aghhh just suck it up and be proud don't go to sick call...I said BS..you get any thing that happens to you documented  which means you go see a Dr  you may or may not need your Army Service /medical Records but if you do you will have them for compensation Purposes    

He ended up Being a Combat Medic and seen  combat  He said one night they hit a RSB and a couple of his Buddies were killed  he said he Remember me telling him to get things Documented and he did just that  his claim was open and closed with in one year  after he was discharged.  he did his time and got out

He called me a few weeks ago when he got his packet in the mail  to to thank me  he said that has to be the best Advise you ever told me Grandpa  He went to see the Dr for everything and everytime he got hurt  he said it was not hard for him to see the Dr's he worked with two while in Action.  he passed that information to other Veterans..I said that's Great Son...and you got your claim approved faster than probably 80% of the ones that don't have their medical records  or they did not report it happen while being Active.